Terms and Conditions

This document represents a quotation open for acceptance by the property owner for the period of 30 days. Upon acceptance, the quotation and terms and conditions remain open for a period of 30 days. Upon acceptance, the terms and conditions of this agreement apply to the work.
Arcadia Garden Design (“Arcadia”) will carry out the work in accordance with all plans and specifications agreed with the property owner.
All materials used in the work will be sourced and supplied in accordance with the property owner’s requirements as conveyed to Arcadia.
Arcadia will carry out the work in a proper and tradesman-like manner and warrants that, at completion, the work and any new materials supplied will be free of defects.
The property owner will pay Arcadia for all work carried out and materials supplied in accordance with this agreement.
All work is subject to a minimum labour charge of 1 hour.
Before commencement of the work the property owner will pay Arcadia a non-refundable deposit of 25% of the quoted cost of the work.
Before commencement of the work, the property owner will provide Arcadia with evidence of:
1. The location and details of any easements, covenants, services, or utility infrastructure.
1. All building and planning approvals having first been obtained; and,
2. Such other information as may be required by Arcadia and applicable to the work.
Arcadia is not responsible for any delays in carrying out the work that are beyond the control of Arcadia, including any delay caused by the failure of the property owner to:
1. Select materials; or,
2. Give Arcadia reasonable access to the work site.
Arcadia is not responsible for any problem with the work site that is only revealed when carrying out the work. Rectification by Arcadia is subject to quotation and, if agreed with the property owner, will constitute a variation to the work.
Any variations changes requested by the property owner will be charged in accordance with Arcadia fee schedule for, consultation, site meetings, design, and documentation.
Arcadia will provide quotes for other services that may be required such as engineering, building surveyor, council, land surveyor.
Any variations to the work requested by the property owner will be subject to a written quote by Arcadia.
All agreed variations to the work will be carried out in accordance with this agreement.
The cost of all materials (installed or otherwise) will be invoiced to the property owner by Arcadia at the time of purchase.
The cost of materials listed in this agreement as provisional sum items is an estimate only and the property owner must pay Arcadia for the actual cost of those items.
Title and interest in the materials remains with Arcadia until paid for by the property owner.
Arcadia retains all proprietary rights in the work, including the right to plans and specifications created by Arcadia in the course of the work.
In consultation with and on behalf of the property owner, Arcadia may arrange for other contractors to assist with the carrying out of the work.
Contractor invoices paid by Arcadia will be charged to the property owner at cost plus the applicable business margin.
Arcadia will have public liability insurance of at least.
1. $20,000,000
2. Arcadia will have construction insurance for the quoted sum of the contract while being built.
Arcadia will invoice the property owner for the cost of works performed (including materials) at regular intervals or in accordance with milestones previously agreed with property owner.
The property owner will pay Arcadia for all GST applicable to the work.
The property owner will pay all invoices within 7 days from receipt.
For outstanding invoices, the property owner will be charged default interest at the rate of 12.5 per cent per annum calculated daily.
Arcadia may cease carrying out of the work if the property owner is in breach of this agreement. If the property owner does not rectify the breach within a reasonable timeframe following Arcadia’s request to do so, Arcadia is entitled to end this agreement.
If Arcadia or the property owner ends this agreement, the property owner remains responsible for the payment of all amounts due and owing to Arcadia in relation to the work.
Within 30-days on completion of work Arcadia will replace OR repair (at no cost) any new shrubs, trees or lawn installed by Arcadia that have not adequately established within this period. Arcadia will assess new shrubs, trees or lawn installed by Arcadia before any replacement, and may refuse replacement based on finding from the assessment.
After 30-days of completion the client takes full responsibility of ongoing care, health, and maintenance of the plants.
Workplace Health and Safety – Start of Works Agreement
Rock Clause - Before conditions are disturbed a written notice to the owner on encountering unforeseeable conditions adversely affecting work, owner shall investigate the site conditions promptly after receiving notice without causing delays. If the conditions cause an increase in cost to
1. Arcadia Garden Design
2. Sub-contractor
or the time required for performing any part of the work and were not reasonably foreseeable by an experienced contractor, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.
1. At no stage during the agreed landscape works, carried out by Arcadia Garden Design, do you, the client, engage in any onsite work / manual handling / physical labour alongside our staff and /or contractors,
2. All labour work is to be carried out by Arcadia Garden Design staff and contractors only,
3. Arcadia Garden Design’s operating hours are Monday – Friday, 7:30am – 3:30pm … this agreement refers to these hours AND outside of these